Important Update: On February 1, 2021, The Settlement Administrator mailed Claim Payments to Eligible Claimants.
What is this lawsuit about?
Apria provides home healthcare goods and services to customers on a nationwide basis. The Plaintiff filed a proposed class action lawsuit against Apria under the caption Peterson v. Apria Healthcare Group Inc., 6:19-cv-856-ORL-31LRH (the “Action”). In the Action, the Plaintiff claimed, among other things, that Apria placed calls and/or text messages to cellular telephones in violation of federal law. Apria denies all allegations of wrongdoing and has asserted many defenses. The settlement is not an admission of wrongdoing. The Court did not decide in favor of Plaintiff or Apria. Instead, both sides agreed to a settlement. That way, they avoid the cost of a trial, and settlement benefits go to the Class Members. The Class Representative and his attorneys think the settlement is best for the Class Members.
Who is included?
The Court has preliminarily decided that everyone who fits this description is a Class Member:
All persons within the United States who, between May 6, 2015 and the present, (1) received a non-emergency call or text message to their cellular telephone numbers; (2) through the use of an automatic telephone dialing system or an artificial or pre-recorded voice; (3) from Defendant; and (4) who were not Apria customers at the time of the calls and text messages.
What does the Settlement provide?
Class Members who submit a valid claim will receive a check in an amount up to $50.00.
How do I participate in the Settlement?
To qualify for a payment, Class Members must timely submit a completed claim form. The claim submission deadline is October 2, 2020 and has passed.